ABSTRACT

INTERNATIONAL HUMANITARIAN AND REFUGEE LAWS

INTERNATIONAL HUMANITARIAN LAW –ASIAN PERSPECTIVES

This research paper questions the conventional histories of international humanitarian law in the
aspect of indo-Asian perspective, the article studies about the view international humanitarian
law as the heir to a long continuum of codes of warfare. The term international humanitarian law
first appeared in the 1970s, as the product of work done by various actors pursuing different
ends. And the new idea for the same was commenced in the year 1977 in Geneva Convention.
Humanitarian law applicable in armed conflict must be as old as armed conflict itself. The object
of IHL is to regulate the conducts and effects of armed conflict and provide protection to
combatants and non-combatants by prescribing substantive principle and objective rules to
determine what amounts to lawful conduct, for instance, how the sick and wounded combatants
should be treated. Here in this article we will talk about the whole evolution of international
humanitarian law in indo-Asian aspect as we all know this law has been existing from centuries
and evolved to certain extent which have provided certain securities to the combatants and the
war effectives is therefore pertinent to search for and identify the roots of the principles of
international humanitarian law in all great civilizations of the world. Hence this excursus into the
historical foundations of the principles of that law in the Indian civilization through the ages,
relating them to the contemporary era. It must be noted, however, that since the Indian
civilization is no exception with regard to the general gap between precepts and practice, the
emphasis will be placed on the precepts, not on aberrations in practice. Indeed, bad and ruthless
rulers are no monopoly of any particular civilization. The nature of the relationship between
international humanitarian law and international human rights law remains a vexed one. In recent
years, human rights lawyers and activists have sought to apply human rights norms to military
conduct in international and internal conflicts, and during belligerent occupations. With varying
degrees of success, complainants have brought their cases before international tribunals, and to
national courts able to apply international human rights standards. Here we will take a doctrinal
method of research as our source for that we will take all the old facts of the following topic into
consideration and try come out for a conclusion which will take account of all the flaws and
merits of the international humanitarian law into consideration and come out for a suitable
implementation conclusion. we will mention about all the historical facts about the issue as there
were in Mongolia where arising of Genghis khan there established the rule of humanitarian law
there then many of the Asian countries have not accepted the APII and its effect and India was
one of it, Here all the facts about it would be discussed.
KEYWORDS: International tribunals, combatants, monopoly, belligerent occupations,
substantive.

AUTHOR - SHUBHAN SAINI, STUDENT OF B.A.LL.B 2nd YEAR

SCHOOL OF LAW, UPES, DEHRADUN

Email shubhammar22@gmail.com

Phone No. 8826287335

CO AUTHOR - DIVYANSH BHARGAVA, STUDENT OF B.A.LL.B 2nd YEAR

SCHOOL OF LAW, UPES. DEHRADUN

Email bhargava99divyansh@gmail.com

Phone No. 9685392498